Five Swazi organisations formed the Swaziland Coalition of Concerned Civic Organisations Trust (SACCCO) in March 2003.  In July 2008, The Trust and Trustees instituted a constitutional challenge to the eligibility requirements of appointments to the Elections and Boundaries Commission (EBC) before the High Court.  The case also sought to determine whether a constitutional challenge could be instituted against the King of Swaziland.  In their application, the Trust sought several forms of relief, including declarations that the appointments of several of the respondents were unlawful and invalid, that the EBC was unlawfully constituted, and that the EBC had no legal right or power to exclude organisations like SACCCO from providing voter education to the public. 

The Respondents challenged the validity of SACCCO’s existence on several grounds, arguing that the Trust lacked independent trustees, an identifiable beneficiary, and a charitable object.  They further argued that the appointments of the respondents were not justiciable by operation of Section 11 of the Constitution and on public policy grounds. 

The High Court of Swaziland dismissed the Trust’s suit.  The Court held that the Trust was not a ‘citizen,’ and therefore lacked locus standi to bring a constitutional suit under Section 2(2) of the Swaziland Constitution. 

The Trust filed an appeal with the Supreme Court of Swaziland on 4 May 2009.  However, the Supreme Court dismissed the appeal, affirming the High Court’s ruling that the applicants were acting in their official capacity as Trustees, and not as ‘citizens’ as required by Section 2(2) of the Constitution.

SALC provided technical and monetary assistance in this case.

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